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Communication between MoJ and ICO regarding Phorm/121Media

Steve Hankin made this Freedom of Information request to Ministry of Justice

The request was partially successful.

From: Steve Hankin

17 July 2009

Dear Sir/Madam,

Please could you supply copies of all correspondence
concerning the company "121Media" or "Phorm" that have taken place
between the Ministry of Justice and
Information Commissioners Office within the period 1st January 2006
to 11th July 2009. Thank you.

Yours faithfully,

Steve Hankin

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From: Data Access & Compliance Unit
Ministry of Justice

22 July 2009


Attachment 60478 Hankin.DOC.doc
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Dear Mr Hankin,

Please find attached your Freedom of Information request.

Yours sincerely

Katie Dimon

Data Access and Compliance Unit

Zone 6B

Post point 6.25

102 Petty France

London

SW1H 9AJ

This e-mail (and any attachment) is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be
intercepted and read by someone else. Please bear that in mind when
deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
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composing or forwarding e-mails and their contents.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Patel, Roshnee
Ministry of Justice

17 August 2009


Attachment FOI Hankin 60478 MoJ ICO 17 August final.DOC.doc
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Dear Mr Hankin,

Please find attached the response to your recent FOI Request.

Regards,

Roshnee Patel
Policy Advisor | Data Protection Team
Information Policy Division | Ministry of Justice
102 Petty France | 6th Floor - Zone B | SW1H 9AJ
T: 020 3334 5231
E: [email address]

This e-mail (and any attachment) is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be
intercepted and read by someone else. Please bear that in mind when
deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be read
at any time. You have a responsibility to ensure laws are not broken when
composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Steve Hankin

17 August 2009

Dear Roshnee Patel,

Thank you for the response to my FOI request. I was not aware of a
pending prosecution being considered by the CPS but I see now that
this appears to be a potential Crown Vs BT plc case.

Therefore I understand why some information may need to await the
outcome of the CPS decision making process.

However I would like to request an internal review based on the use
of Section 35 (Formulation of Government Policy).

Part of the argument used is that releasing the detail could reduce
the fullness and clarity of advice and discussion. This is not
something I can agree with and the evidence to date in this matter
would point to this being far from fact.

The only reason the public is aware of the detail of the issue of
Phorm and 121Media is because of public discussion of the issues.
The only reason that members of our government were challenged to
ask questions about the company, their customers (BT for example)
and their activities, is that the public engaged with members of
The Lords and MPs.

I therefore consider that the weight of argument in favour of
releasing some of the requested material has not been given the
value it deserves.

Please initiate the review process outlined in your response. Thank
you.

Yours sincerely,

Steve Hankin

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From: Data Access & Compliance Unit
Ministry of Justice

18 August 2009


Attachment 60866 Hankin.doc
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Dear Mr Hankin,

Please find attached your acknowledgement to your request for an
Internal Review.

Yours sincerely

Hannah Law

(Sent on behalf of Carl Pencil)

Data Access & Compliance Unit

Postal Point 6.25, Zone B

102 Petty France

London SW1H 9AJ

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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From: Evans, Michael
Ministry of Justice

14 September 2009


Attachment Draft response to Mr Hankin.doc
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Attachment redacted information to be released.doc
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Mr Steve Hankin
E-mail Address: [FOI #14843 email]

Dear Mr Hankin,

Freedom of Information Act 2000 - Outcome of Internal Review

Please see the attached letter that outlines the findings of our
internal review.

Yours Sincerely,

Michael Evans| Senior Reviews and Appeals Officer | Data Access &
Compliance Unit |Ministry of Justice | 020 3334 3237.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (and any attachment) is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail.

This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. E-mail monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

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Paul Hancocks left an annotation (14 September 2009)

Well I never, they released something. Ok, it is of limited content, but it at least confirms the date of one meeting which may have been secret until now. Keep at it, one day the full details about the Phorm & BT Webwise saga might get out.

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